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Congressional Republicans introduce ban on military service by trans Americans

White House condemned effort in exclusive statement to the Blade

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U.S. Sen. Marco Rubio (R-Fla.) (Washington Blade photo by Michael Key)

U.S. Sen. Marco Rubio (R-Fla.) and U.S. Rep. Jim Banks (R-Ind.) introduced a proposal on Thursday to ban Americans who have a history or diagnosis of gender dysphoria from serving in the U.S. Armed Forces.

The lawmakers’ “Ensuring Military Readiness Act” would go further than the transgender military ban enacted in 2017 under former President Donald Trump that was revoked by President Joe Biden just five days after his inauguration in January 2021.

For example, according to a press release from Rubio’s office announcing the legislation, the measure “adds more stringent requirements and revamps the Defense Enrollment Eligibility Reporting System (DEERS) to ensure all service membersā€™ gender markers match their biological sex.”

Rubio and Banks characterized the Biden administration’s revocation of the Trump era ban as, respectively, a move that “turned our military into a woke social experiment” and a “purely political” decision grounded in “far left ideology.”

Republican U.S. Sens. Marsha Blackburn (Tenn.), Ted Budd (N.C.), Tommy Tuberville (Ala.) and Mike Braun (Ind.) are the original cosponsors for the bill, which has been endorsed by a coalition of right-wing organizations including the Family Research Council, which the Southern Poverty Law Center has designated a hate group.

Spokespeople for Rubio and Banks did not immediately respond to questions about whether efforts would be better spent helping service members and their families with real challenges like housing affordability and food insecurity, or whether they could provide evidence that Biden’s reversal of the Trump-era ban negatively impacted the readiness or performance of the U.S. Armed Services.

The White House shared an exclusive statement to the Washington Blade on Friday afternoon:

“There are a lot of things Marco Rubio could be working on for the American people, including:

  • Keeping Americans safe from gun violence with common sense gun legislation
  • Lowering prescription drug prices for Americaā€™s seniors, including a universal insulin cap
  • Protecting and strengthening Medicare and Social Security for Americaā€™s seniors.

But at a time when recruiting is a critical priority for our military, Sen. Rubio is instead focusing on blocking patriotic transgender Americans who would die for the United States of America from serving our country. That says a lot more about his priorities than it does about the brave transgender Americans willing to fight and die for our country.”

As Rubio and Banks announced their proposed ban on Thursday, a bipartisan group lawmakers on the Senate Armed Services Committee led by U.S. Sens. Tammy Duckworth (D-Ill.) and Lisa Murkowski (R-Alaska) reintroduced a bill that would aid service members and their families who are experiencing hunger and food insecurity.

Duckworth, a decorated combat veteran, responded to her Republican colleagues’ bill in a statement shared with The Blade on Tuesday: ā€œThis proposed ban ā€“ like Donald Trumpā€™s transgender military ban before it ā€“ is as heartless as it is damaging to our military readiness,ā€ she said.

ā€œIf you are willing to sacrifice for our country in uniform and you can do the job, you should have that opportunityā€”no matter your gender identity or sexual orientation,” Duckworth said. “Our military is the strongest in the world not in spite of its diversity, but because of it.”

She added, “Iā€™m focused on doing more to ensure our nation is developing the talented, healthy recruits we need to meet our goals, not prevent Americans who are willing and able to serve their country in uniform.ā€

Other members of Congress and LGBTQ groups have come out against the Republicans’ new proposed trans military ban.

“I oppose this bill,” Democratic U.S. Sen. Tim Kaine (Va.) told the Blade in an emailed statement on Friday. “I serve on the Senate Armed Services Committee and see no reason for the military to discriminate against transgender Americans,ā€ the senator wrote.

In 2017, Kaine urged then-Defense Secretary Jim Mattis to halt the implementation of Trump’s transgender military ban in a letter co-authored by Democratic U.S. Sens. Mark Warner (Va.) and Kirsten Gillibrand (N.Y.) that was signed by 42 of their colleagues in the chamber from both parties.

ā€œBanning transgender people from the military is wrong and discriminatory, and it violates our national values by denying people the ability to serve simply because of who they are,ā€ said Rodrigo Heng-Lehtinen, executive director of the National Center for Transgender Equality, in a statement to the Blade.

“Transgender Americans, just like anyone else in this country, should be judged on whether or not they can get the job done, no more, no less,” he said. “This legislation continues the harmful political attacks against our community that try to push us out of places where we live, learn and work.ā€

Senate Majority Leader Chuck Schumer (D-N.Y.) addressed the GOP Senators’ proposal for a new ban on transgender troops in a tweet published Friday afternoon: “President Biden stood up and undid this ridiculous MAGA Trump ban,” the senator wrote. “Whether trans or otherwise, if you’re qualified you should be permitted to serve. We honor everyone willing to risk their lives to serve our country.”

The Congressional LGBTQ+ Equality Caucus also responded to Rubio and Banks’s proposal on Twitter, writing: “Just two months into the new Congress, anti-LGBTQI+ Republicans are going after our troops. Our trans servicemembers support our country’s military readiness and national security. This bill would effectively bar trans servicemembers from serving openly.”

In addition to revoking the previous administration’s ban on trans military service, the Biden-Harris White House has taken important steps toward LGBTQ equity and equality, particularly for trans Americans, on a variety of fronts.

Issued on Thursday, the White House’s Executive Order to Strengthen Racial Equity and Support for Underserved Communities Across the Federal Government instructs the heads of U.S. federal agencies to submit Equity Action Plans pursuant to previous executive actions including Biden’s June 2022ā€™s Executive Order on Advancing Equality for Lesbian, Gay, Bisexual, Transgender, Queer and Intersex Individuals.

The new executive order notes achievements over the past couple of years including policies “prohibiting discrimination based on sexual orientation, gender identity, and sex characteristics across Federal programs” and the establishment of a National Strategy on Gender Equity and Equality.

The administration has also been lauded for the record number of LGBTQ political appointees that have been nominated and confirmed.

Among them is Adm. Rachel Levine, who was appointed to the role of assistant secretary for health and human services under the Biden-Harris administration, became the first woman four-star admiral and the first transgender four-star officer in any uniformed service when she was tapped to lead the U.S. Public Health Service Commissioned Corps in 2021.

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Congress

Members of Congress introduce resolution to condemn Uganda’s Anti-Homosexuality Act

U.S. Reps. Mark Takano (D-Calif.) and Joyce Beatty spearheaded condemnation

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U.S. Rep. Mark Takano (D-Calif.) (Washington Blade photo by Michael Key)

More than 20 members of Congress on Thursday introduced a resolution that condemns Uganda’s Anti-Homosexuality Act.

Gay California Congressman Mark Takano and U.S. Rep. Joyce Beatty (D-Ohio) spearheaded the resolution that U.S. Reps. Becca Balint (D-Vt.), Lloyd Doggett (D-Texas), Adriano Espaillat (D-N.Y.), Robert Garcia (D-Calif.), Sylvia Garcia (D-Texas), Josh Gottheimer (D-N.J.), RaĆŗl Grijalva (D-Ariz.), Pramila Jayapal (D-Wash.), Hank Johnson (D-Ga.), Gwen Moore (D-Wis.), Seth Moulton (D-Mass.), Jerry Nadler (D-N.Y.), Eleanor Holmes Norton (D-D.C.), Mark Pocan (D-Wash.), Delia Ramirez (D-Ill), Linda SĆ”nchez (D-Calif.), Jan Schakowsky (D-Ill.), Brad Sherman (D-Calif.), Rashida Tlaib (D-Mich.), Ritchie Torres (D-N.Y.), and Debbie Wasserman Schultz (D-Fla.) co-sponsored.

“The House of Representatives condemns the government of Ugandaā€™s criminalization and draconian punishments regarding consensual same-sex sexual conduct and so-called ā€˜’promotion of homosexuality,ā€™” reads the resolution.

The resolution, among other things, also calls upon the Ugandan government to repeal the law.

ā€œIt is difficult to overstate the gross inhumanity of Ugandaā€™s Anti-Homosexuality Act,ā€ said Takano in a press release.

President Yoweri Museveni in May 2023 signed the law, which contains a death penalty provision for ā€œaggravated homosexuality.ā€

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

The Ugandan Constitutional Court in April refused to ā€œnullify the Anti-Homosexuality Act in its totality.ā€ A group of Ugandan LGBTQ activists appealed the ruling.

ā€œInstead of focusing on rooting out corruption or ending extrajudicial killings, the Ugandan Parliament, president, and Constitutional Court have chosen to mark LGBTQ+ Ugandans as less than human,” said Takano. “Congress must not be silent in the face of such systematic, state-sponsored discrimination.”

“To all those LGBTQ+ people and your allies in Uganda ā€” we see you,” added the California Democrat. “We and the Biden administration will not allow this terrible violation of basic dignity to go unchallenged.ā€ 

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EXCLUSIVE: Sen. Padilla and wife Angela talk LGBTQ mental health

Couple to receive award from Gay Men’s Chorus of L.A. on Sunday

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U.S. Sen. Alex Padilla (D-Calif.) and his wife, Angela Padilla, spoke with the Washington Blade for an exclusive interview last week ahead of their receipt of Voice Awards from the Gay Men’s Chorus of Los Angeles at a ceremony on June 30.

“I’ve known members” of the organization “off and on over the years, going back to my days on the city council in Los Angeles,” when battles were waged over California’s Proposition 8 banning same-sex marriage, Padilla said.

“I was proud to be an ally for a long time, but especially in those moments, really, as a public official, as an elected official, knowing how important allyship was,” he said, stressing “the tremendous talent of the chorus” and “what they represented individually and as a group” serving as allies for “young people who may not necessarily grow up in a supportive environment or in supportive families.”

“I work very closely with Joseph Guardarrama,” a board member for GMCLA, “for many years now on my nonprofit, and it’s all in support of mental health and wellness and educating people on how to get help, why they should get help, and why it’s important to take care of your brain,” Mrs. Padilla said by phone.

“I started FundaMental Change in 2017,” she said, to push for “the mental change that I feel that we have to have as a society when it comes to how we look at [and] how we treat mental health conditions.”

The senator’s wife added that LGBTQ people are twice as likely to have a mental health condition while dealing “with so much more social stigma and discrimination” than their straight and cisgender counterparts.

“This month we’re going to have a table for June 30 working with the [California] Department of Mental Health at the Pride parade,” she added. FundaMental Change also operates an LGBT Youth TalkLine and Trans Lifeline.

Padilla noted the organization’s work combatting stigma. “One thing that we recognize both coming from Latino families is the need to overcome stigma,” he said. “There’s a lot of misunderstanding or misperceptions about mental health.”

The effort is also central to the senator’s work as a policymaker, he said, referencing the bipartisan Senate Mental Health Caucus that he founded alongside U.S. Sens. Tina Smith (D-Minn.), Thom Tillis (R-N.C.), and Joni Ernst (R-Iowa) to serve as “a forum for us to share stories.”

“It’s been fascinating, there are more than 30 members of the caucus now, so about a third of the United States Senate,” he said. “It’s 50/50 Democrats and Republicans,” and when approached, every member had a story to share, whether about “something that they’ve been through [or] somebody in their family, a colleague, a neighbor who can relate.”

Padilla said his decision to announce the formation of the caucus concurrently with his visit to the San Francisco LGBT Community Center “was very intentional.”

When it comes to mental health, “We’ve really prioritized trying to develop bipartisan solutions,” he said, “because those are more sustainable here in Congress.”

The first bill backed by the caucus was Padilla and Tillis’s Local 9-8-8 Response Act of 2023, which “was to require the FCC to move to implement the geolocation technology to the 988 system.”

Unveiled by the Biden-Harris administration in 2022, the 988 Suicide and Crisis Lifeline is operated by the U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration. The program provides the option for callers to reach specialized LGBTQI+ affirming counselors by pressing “3.”

On the importance of geolocation technology, Padilla said “if I’m here in Washington, and have a need to call 988, my area code on my phone is Los Angeles ā€” so, I’d be passed through to the Los Angeles providers.”

The senator noted that the FCC “is moving forward with those improvements” independently of his bill’s path forward in Congress.

More broadly, some of the policy challenges concern supply and demand problems. “From a bigger picture, longer term perspective, we’re talking about the workforce needs,” Padilla said. “So, what’s the game plan for [getting] more psychologists or psychiatrists or counselors, more therapists, more everybody in the field to better serve people across the country?”

Padilla also discussed the importance of “cultural competence” as a means of guaranteeing the best possible treatment. “When we ask people to go get help, if there’s somebody that they can relate to or that they know gets them, the better quality experience in treatment is going to come,” he said.

“We’re not quite there yet with the Republican colleagues, but I have faith that in time we will get them there,” the senator added. “And again, the LGBTQ community is a prime example. You’ve got to feel comfortable going to somebody when you need help.”

Padilla said, “not everybody comes from a supportive environment; not everybody lives in a city or a state that is supportive. And at this particular time politically, they’re really under attack. They’re being targeted acutely. And that’s more reason and urgency to speak up and stand up.”

On Sunday, the Padillas will share the stage with the recipients of the third GMCLA Voice Award, from the critically acclaimed HBO series ā€œWeā€™re Here,ā€ which follows drag queens as they travel the country to perform in one-night-only performances in small towns.

Mrs. Padilla celebrated the ways in which drag has brought communities together, recalling when RuPaul’s Drag Race “was first airing and it was like everyone was so interested in watching the show” and “it just brought people from everywhere.”

“I have a lot of frustrations, as a Latina, with the misrepresentation of our community and our culture in television and movies,” she said. “And I feel like every opportunity that you get to see something that’s just authentic ā€” it’s such a benefit to everyone. It really helps us understand that we have more in common than not.”

“Drag is not new,” the senator said. “It goes back generations in the United States and I think for the LGBTQ+ community it can be can be very empowering, as an outlet for performers, but also participants in an audience to see on stage what you may not see in other places.”

Republican-led efforts to restrict access to drag performances, especially by young people, “feels like it’s an act of desperation,” Mrs. Padilla said.

“I think they’re resisting something that they don’t understand. I just think it’s really coming from a place of fear. And really not understanding the human behind it,” she said, adding that the reactionary forces are a product of the LGBTQ movement’s success and “that feeling of it’s out of their control.”

“The diversity of our communities, the diversity of our country, is a big source of strength,” Padilla said. “It’s just not always been embraced. I think a lot of people either misinterpret it or frankly exploit it to cause divisions in society.”

“We can’t ignore the political climate that we’re living in,” the senator said, “heightened only by the fact that it’s a presidential election year and we see who the Republican nominee is going to be.”

Looking ahead to November’s elections, he said, “as with so many other issues, LGBTQ+ rights and opportunity in the future ā€” It’s a 180-degree difference between Joe Biden and Donald Trump. Let’s not take it for granted. Let’s not take it lightly. Let’s get out and vote.”

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Drag queens lobby members of Congress

MoveOn organized Tuesday’s Drag Lobby Day

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Drag artist Joey Jay speaks at a press conference at the House Triangle near the U.S. Capitol on June 25, 2024. (Washington Blade photo by Michael Key)

A group of drag queens on Tuesday traveled to D.C. to lobby members of Congress to support pro-LGBTQ legislation.

“Drag Race Philippines” judge Jiggly Caliente, “RuPaul’s Drag Race” season 13 contestant Joey Jay and Brigitte Bandit urged lawmakers to support the Equality Act, which would add gender identity and sexual orientation to the Civil Rights Act of 1964, and the Transgender Bill of Rights, which would add trans-specific protections to federal nondiscrimination laws. 

Caliente, Jay and Bandit met with U.S. Reps. Juan Ciscomani (D-Ariz.), Mark Pocan (D-Wis.), Jasmine Crockett (D-Texas), Delia Ramirez (D-Ill.), Greg Casar (D-Texas), and Jen Kiggans (R-Va.) and/or their staffers.

Jay posted to her X account a picture of her, Caliente, and Bandit outside Crockett’s office. The Texas Democrat in response said “you’re always welcome, queens.”

MoveOn organized the visit, which it called the Drag Lobby Day.

“Today we brought together a trio of advocates and drag artists to stick up for LGBTQ folks, talk about what’s at stake and fight back against some extremist, hateful attacks, and narratives from conservative politicians,” said MoveOn Campaign Director Nakia Stephens during a press conference outside the U.S. Capitol.

Caliente said the Equality Act and the Trans Bill of Rights “will make it easier for people to find and keep employment and protect our communities more fully from discrimination in housing, health care, and so much more.”

Jay, who now lives in Phoenix, cited statistics that indicate 320 trans people were killed in 2023. Jay also stressed to conservatives that drag queens and LGBTQ people are not “trying to shove our lifestyle down your throats.”

“We are just trying to live in peace without fear of being murdered,” said Jay.

(WASHINGTON BLADE VIDEO BY SEAN KOPEREK)

Bridget Bandit ā€” known as the “Dolly of Austin” ā€” has testified against two anti-drag bills in Texas while in drag. Bandit noted she joined an American Civil Liberties Union of Texas lawsuit against the state’s Senate Bill 12, which would have criminalized drag shows and other performances that took place in front of children, “to fight for our freedom of expression.”

A federal judge last September blocked the law from taking effect.

“This fight is far from over,” said Bandit. “We continue to face the effects of this harmful rhetoric legitimized by our lawmakers.”

Drag artist Brigitte Bandit speaks at a press conference at the House Triangle near the U.S. Capitol on June 25, 2024. (Washington Blade photo by Michael Key)

Sean Koperek contributed to this story.

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